The San Francisco 49ers released Ray McDonald in the wake of his most recent alleged domestic assault, and he may not be the only Bay Area player that finds himself in serious hot water. Aldon Smith could be in trouble, too.
According to a search warrant affidavit that was obtained by the San Jose Mercury News, the woman who claims she was sexually assaulted by McDonald told police she was drinking with McDonald and Smith earlier in the day.
The victim says she fell or passed out by the pool at McDonald’s house and hit her head. Here are some more details:
She woke up the next morning naked in bed with McDonald at his Silver Creek home, according to the affidavit. Initially, McDonald told her he let her sleep in his bed because she was tired.
But later that Sunday morning, she said the former defensive lineman told her they had sex. Yet she spent the rest of the day and into the evening drinking with him and 49er linebacker Aldon Smith, who had dropped by. Smith is on probation for drunken driving and possession of three assault rifles.
Police posed as the alleged victim and had a conversation via text message with McDonald, during which he denied he did anything wrong. An officer (posing as the victim) asked him why he had sex with her after she had been knocked out, to which he replied that he “didn’t do anything wrong.” The investigation is still ongoing.
But back to Smith. If the 25-year-old was in fact drinking with McDonald and the alleged victim, he was in violation of his probation. Smith has gotten himself into trouble on numerous occasions for everything from a DUI arrest to being in possession of assault rifles. He also did something really dumb at an airport and is lucky he has even been able to play for the Niners this season.
In July, Santa Clara County Superior Court Judge Daniel Nishigaya ordered Smith to serve 11 days on a work crew and sentenced him three years of probation. Nishigaya said that if Smith violates any of the terms of his probation — which include drinking alcohol or even stepping foot in a liquor store — he will be thrown in jail.
We don’t know if the victim is telling the truth or if Smith was actually taking part in the drinking, but you can expect the 49ers to look into it.
